Resolution-PC 2001-90• •
RESOLUTION NO. PC2001-90
A RESOLtJTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04363 BE GRANTED
FOR FIVE (5) YEARS TO EXPIRE ON JULY 2, 2006
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 5 OF PARCEL
iViAPS, iiV THE OFFICE ~F THE CO~JiVTY RECORDER OF SAiD COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 2, 2001 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate
and make findings and recommendations in connection therewith; and that the hearing was continued
from the June 4, 2001 meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.330 to permit a telecommunications antenna with accessory
ground-mounted equipment.
2. That the proposed use, as approved, consists of a 50-foot high monopole "flagpole"
which may display the United States flag and/or the California State Flag; and that the use, as approved,
will not adversely affect the adjoining land uses and the growth and development of the area in which it is
proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That the granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That no one indicated their qresence at the oublic hearinp in oqqosition to the nrooosal:
and that no correspondence was received in opposition. ~
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a telecommunications antenna with accessory
ground-mounted equipment on a irregularly-shaped 1.2-acre property having a frontage of 253 feet on the
east side of Knott Avenue and a maximum depth of 217 feet and being located 190 feet south of the
centerline of Lincoln Avenue, and that the proposed use is incorporated within a shopping center located
at the southeast corner of Lincoln Avenue and Knott Avenue and addressed at 3440 West Lincoln
Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
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study and any comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the proposed telecommunications facility, consisting of one (1) "flagpole" monopole with three
(3) antennas, shall be permitted for a period of five (5) years, to expire on July 2, 2006.
2. That the following information shall be specifically shown on plans submitted for building permits:
(a) A maximum of three (3) panel-type antennas shall be located within the monopole;
(b) The overall structure shall not exceed a maximum height of fifty (50) feet; and
(c) The monopole antennas shall be completely enclosed within the proposed pole and shall not
be visible to the public.
That no additional or replacement antennas shall be permitted without the prior approval of the
Planning Commission.
3. That the property shall be permanently maintained in an orderly fashion through the provision of
regular maintenance, removal of trash and debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
4. That trash storage areas shall be refurbished to comply with approved plans on file with the Public
Works Department. Said information shall be specifically shown on plans submitted for building
permits.
That the accessory equipment be ground-mounted and located within an enclosure behind the
shopping center.
6. That the legal owner of the subject property shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
That the proposed "flagpole" shall be limited to displaying the United States flag and/or California
State flag. The flag(s) shall be proportional in size to the height of the monopole. No signs,
banners or any other form of advertising or identification shall be attached to the proposed
"flagpole" structure.
8. That the monopole shall be constructed of permanent materials simulating an authentic flagpole.
The pole shall be painted silver and maintained in good, clean condition. Said information shall be
specifically shown on the plans submitted for building permits.
9. That if a flaa(s) is displayed on the flaapole; the flagoole shall be u~-lit frQm the 1~~~~ of the oole
with sufficient wattage to illuminate the flag during hours of darkness, but not so as to unreasonably
illuminate surrounding residential properties; of if the flagpole is not up-lit, the flag(s) shall be taken
down every night. Said information shall be specifically shown on the plans submitted for building
permits.
10. That landscaping plans specifying the type, size and variety of plant materials proposed for the
existing planter at the base of the monopole shall be submitted to the Zoning Division for review
and approval.
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11. That the height of the flagpole shall not exceed the height of the attached panel antennas. If the
panels are lowered, the flagpole height shall be lowered to correspond with the height of the panel
antennas.
12. That the flags proposed for the flagpole shall be maintained in a"like nev~' condition. In the event
that any flag fades, rips, frays or otherwise deteriorates, it shall be replaced immediately with a new
flag.
13. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Revision No. 1 of Exhibit Nos. 1 through 6, and as conditioned
herein.
14. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 4, 5, 6, 8, 9 and 10 above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
15. That prior to final building and zoning inspections, Condition No. 13, above-mentioned, shall be
complied with.
16. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Code and any other applicable city, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinanc.e, regulaiion or requirement.
17. That the monopole shall have a uniform width.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the a ing mmission meeting of
July 2, 2001.
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CHAIRPERSON, AN E CI PLANNING COMMISSION
ATTEST:
_-!J~i~Gerns-~- ~~e~a•,~d ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 2, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
T~
IN WITNESS WHEREOF, 1 have hereunto set my hand this ~~ day af
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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